CA Employment Law Rights: How Does Walking Time Affect Workers?

Walking Time Rights for Workers in California

Employment Lawyer Ian Silvers: Protecting Your Rights as an Employee

Hi, I’m Ian Silvers, a partner and trial lawyer at Bisnar Chase specializing in employment law, particularly wage and hour class actions and representative cases. While many workers generally understand their rights, I have often found that overlooked issues—such as walking time—arise in my California cases and can lead to significant violations.

What Is Walking Time Regarding Workers?

Walking time refers to periods when employees in California, under their employer’s control, move between locations at their work location without proper compensation. This often happens during meal periods or rest breaks, particularly in production and agricultural settings. (Note: This discussion doesn’t cover security checks or equipment handling before/after shifts—that’s a separate topic.)

 How Does Walking Time Affect California Workers?

I’ve seen these walking time issues play out in two key ways in California, where walking time is counted as part of a meal period/rest break:

1. Clock-Out to Break Area: Employees are told to clock out for a meal period at one location but must walk to a designated break area or other location. The time spent walking is counted as part of their meal period.
2. Premature Break Start: Employers declare a meal period or rest break begins while workers are still at their stations (or in the field for agricultural workers). However, employees may still be finishing tasks (cleaning, putting away tools, etc.) or, for agricultural workers, continuing to pick crops. After the employer starts the clock for the meal period/rest break, they’re then required to walk to an area where they can have their meal period/rest break, but this time walking is counted as part of their meal periods or rest breaks.

Why This is a Legal Violation for Workers

While employees may not realize it, these practices lead to two major problems:

• Shortened Breaks: California law guarantees a full 30-minute meal period and 10-minute rest break—not less. If part of that time is spent walking or still working (and thus under your employer’s control), you do not receive the full time.
• Unpaid Work Time: Since meal periods are off the clock, the employer must compensate any time they control (like walking time), but you are not paid for this walking time.

 Your Rights & Remedies On the Job in California

If your meal periods/rest breaks are cut short due to walking time as noted above, you may be owed:

• 1 additional hour of pay per day for shortened meal periods.
• 1 additional hour of pay per day for a shortened rest breaks.
• Back pay for any unpaid time spent under employer control.

The authoritative definition of “hours worked” in California, which includes walking time, comes from the state’s official wage orders and was most recently clarified by the California Supreme Court.

Legal Definition and Application of Workers’ Rights in California

California’s wage orders define “hours worked” as: “the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.” — California Code of Regulations, Title 8, Section 11000 et seq. (Wage Orders). See this PDF for California workers’ rights.

Enforcement of Walking Time Rights in California

Employees may enforce these rights by filing a wage claim under Labor Code section 1194 to recover unpaid wages for all time they are under the employer’s control, including walking time. Many workers don’t realize these violations are happening, but employers must follow the law. If you suspect your rights have been compromised, seeking legal guidance is important. Contact a California wage and hour lawyer to discuss your rights on the job.